Canonist Ed Peters points out two extraordinarily important facts regarding the Kennedy-Rausch annulment case that I hadn’t been aware of. If press accounts are accurate then . . .
1) The Rota was serving as a court of second instance.
This is an extraordinarily important fact. Here’s why: When an annulment case is handled by a tribunal and a finding of nullity is reached, it is automatically transmitted to an appellate tribunal (a court of second instance) for its evaluation. Only if the appellate tribunal agrees is the person free to marry in the Church.
This means that what is popularly known as "an annulment" (that’s a colloquial designation) actually consists of two separate findings of nullity by two separate tribunals.
Normally the appellate tribunal that hears the case in second instance in an American annulment case is also in America, but it’s possible to appeal directly to the Rota, which is apparently what Sheila Rausch-Kennedy did in this case.
This means that Joseph Kennedy never had "an annulment."He never got the second finding of nullity from the appellate tribunal.
It is not the case–as I had supposed–that Kennedy received "an annulment" (findings of nullity from both the courts of first and second instance) and then the Rota got involved (as a court of third instance) and overturned the annulment. There never was an annulment because the second finding of nullity had not come in.
2) The Rota sat on this case for TEN YEARS.
That’s a QUADRUPLE HUH????
The Boston archdiocese tribunal apparently issued its finding of nullity in 1997 and the case has been stuck in the Rota ever since!
This is simply appalling.
John Paul II twice in his annual addresses to the Rota scolded them about not processing cases in a timely manner.
In his 1984 address, after the release of the 1983 Code of Canon Law, he stressed:
In the reform of canonical procedural law, an effort was made to meet a very frequent criticism, which was not completely without foundation, concerning the slowness and excessive length of trials. Therefore, accepting a deeply felt need, without wishing to impair or in the slightest way to diminish the necessary guarantees offered by the course and formalities of tribunal procedure, [the new law] has sought to render the administration of justice more flexible and functional by simplifying procedures, speeding up formalities, shortening the time-limits, increasing the discretionary powers of the judge, etc.
This effort must not be rendered vain by delaying tactics or by a lack of care in studying cases, by an attitude of inertia that is wary of entering the new track for moving ahead, by a lack of expertise in applying the procedures.
We then turn to the 1983 Code and find that it provides that:
Can. 1453 Without prejudice to justice, judges and tribunals are to take care that all cases are completed as soon as possible and that in a tribunal of first instance they are not prolonged beyond a year and in a tribunal of second instance beyond six months.
Got that?
Tribunals of second instance are supposed to process cases in six months barring special circumstances that would interfere with the execution of justice. Yet the Rota sits on this thing for ten years! Further, if what Time said is accurate then even after it reached the finding, it still took two years to draft the statement announcing its finding.
Circumstances in which justice would require this kind of delay are almost unimaginable. On its face the situation appears to be one of gross negligence on the part of the Rota.
Justice delayed is justice denied, and on the face of it, the Rota denied justice to Kennedy and Rausch for years by taking twenty times longer than the law specifies to process their case.
Now, maybe there are facts that we aren’t aware of that would show that justice required this astonishingly slow pace, but (by definition) it would be astonishing if there were.
In his 1996 Rotal address, John Paul II spoke of the need to resolve the question of what a person’s marital status is (are they validly married or not?) in a timely manner, stating in part:
At the same time, however, the current legislation of the Church shows a deep sensitivity to the requirement that the status of persons—if called into question—does not remain in doubt for very long.
The current legislation of the Church may show that deep sensitivity, but in this case–on the face of it–the Rota did not.
And sadly, this is all too often the case–in tribunals around the world. A friend of mine has a relative who has been vainly trying for years to get a Mexican tribunal to take action regarding an annulment case concerning a marriage that was contracted in Mexico, yet the person has been unable to get the tribunal to do anything at all.
If you want know why America has so many annulments compared to other countries, a significant part of the reason (you’ll note I said "part") is that it has a tribunal system that actually processes cases in something like the time limits specified in the law instead of letting them sit for years without resolution or refusing to even take action on the case.